AppendixD 

Sample Memoranda of Understanding 

The Ho-Chunk Nation 

And 

The School District of Black River Falls 

January 14, 2010 

Black River Falls, Wisconsin 

AppendixD 29 

MEMORANDUM OF UNDERSTANDING AND MUTUAL SUPPORT

This Memorandum of Understanding and Mutual Support [hereinafter referred to as the MOU] addresses 

issues of mutual interest to the Ho-Chunk Nation and the School District of Black River Falls [also known as 

"the Parties"] in Black River Falls, Wisconsin-the education of school-age members of the Ho-Chunk Nation 

;and, 

Whereas, the issues of mutual interest to the parties include promoting positive perceptions and improving 

the nature and scope of interactions between Ho-Chunk Nation tribal members and employees of the Black 

River Falls School District; and, 

Whereas, the intention of this MOU is to provide a framework for respectful and cooperative 

communication that utilizes consensus building for improving programs that affect Ho-Chunk Nation tribal 

members; and, 

Whereas, the primary outcome intended by this MOU is to improve the planning and coordination between 

the Black River Falls School District and the Ho-Chunk Nation of programs affecting the education of HoChunk Nation tribal members; and, 

Whereas, the parties intend to clarify their relationship in order to establish a common understanding 

regarding their roles, responsibilities, and procedures that will facilitate best practices between our 

agencies; and, 

Whereas, the Black River Falls School District is a body politic, duly incorporated, organized and operated 

pursuant to Wisconsin Statutes, responsible for possession, care, control and management of the property 

and affairs of the school district, with the statutory authority to do all things reasonable within the 

comprehensive meaning of the terms of its duties and powers; and, 

Whereas, the Ho-Chunk Nation's mission is to heal families in a way that is characteristic of the Ho-Chunk 

Nation's inherent cultural traditions, customs and values, and that addresses the well- being and protection 

of Ho-Chunk children, families, communities, and the Nation, with the goal of creating and implementing 

innovative programming that is proactive in nature and driven by the Ho-Chunk Nation's assertion of 

sovereignty; and, 
Whereas, both the Black River Falls School District and the Ho-Chunk Nation have a responsibility for the 

provision of education to school-age tribal members, it is critical to the quality of services that staff and 

representatives from each party understand and consult with one another to ensure that needed services 

are provided in a manner that is efficient, timely, culturally appropriate and effective; and, 

Whereas representatives of the Ho-Chunk Nation and the School District of Black River Falls have met on 

seven occasions, October 25, 2007, November 1, 2007, November 29, 2007, January 29, 2008, February 

19, 2008, March 13, 2008 and April 3, 2008 to discuss matters affecting quality education and issues of 

mutual concern to the parties; and, 

Therefore, the Parties hereby resolve and agree that, in going forward; they will mutually support and 

adhere to the following principles, and exert their best efforts in doing so: 

I. Parties 

Black River Falls School District 

301 North 3rd St. 

Black River Falls, WI 54615 Phone No.: 715.284.4357 

Fax: 715.284.7064 

-----And-----

Ho-Chunk Nation Department of 

Education W98I4 Airport Rd. 

Black River Falls, WI 54615 Toll Free: 

800.294.9805 

Fax: 715.284.9805 

II. Meetings and Consultation 

Ho-Chunk Nation 

Department of Social Services 

P.O. Box 40 720 Red Iron Road Black River 

Falls, WI 54615 Phone No.: 715.284.2622 

Fax: 715.284-9486 

A Participation and Use. Both Parties agree to participate at regular meetings related to 

issues of mutual concern. A minimum of four meetings or a meeting every other month in 

each annual school year will constitute the term of regular meetings between the parties as 

mutually scheduled. 

B. Annual Designation of Committee Members. The Ho-Chunk Nation agrees to provide to 

the Black River Falls School District the names of principal members for the following 

committees-I. Johnson-O'Malley Black River Falls/Neillsville LIEC, 2. Title VII Parent 

Advisory Committee (PACl. and 3. Impact Aid-no later than the first Monday of October of 

each school year beginning with the 2009-2010 school year. 

Ill. Impact Aid 

A Policies and Procedures Relating to Children Residing on Indian Lands. The Black River 

Falls School District claims children residing on Indian lands for the purpose of receiving 

Impact Aid funds. The Black River Falls School District agrees to initiate quarterly meetings 

to consult with the Ho-Chunk Nation Department of Education to discuss the 

establishment of a joint protocol for ensuring that the Black River Falls School District 

meets the following requirements: 

1. Native American children are participating in programs and activities supported by 

such funds on an equal basis with all other children; 

30 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
2. Parents of Native American children and the Ho-Chunk Nation are afforded an 

opportunity to present their views on such programs and activities, including an 

opportunity to make recommendations on the needs of those children and how the 

Black River Falls School District may help such children realize the benefits of such 

programs and activities; 

3. Parents of Native American children and the Ho-Chunk Nation are consulted and 

involved in planning and developing such programs and activities; 

4. Relevant applications, evaluations, and program plans are disseminated to the parents 

and the Ho-Chunk Nation; 

5. Parents and the Ho-Chunk Nation are afforded an opportunity to present their views 

to the Black River Falls School District regarding the general educational program. The 

Black River Falls School District will provide an overview of the School District 

resources available to support student education. The Ho-Chunk Nation 

representatives and parents will provide input and feedback about the School District's 

educational programs based on the Indian Policies and Procedures OPP). attached 

heretofore as Exhibit A. The Parties understand that the Board of Education of the 

School District of Black River Falls has the authority to decide how Impact Aid funds 

are to be used. 

B. Annual Survey. The annual amount of Impact Aid that the Black River Falls School District 

is eligible to receive is based, in part, on the number of students residing on Indian lands 

within the School District boundaries and the number of parents with students enrolled in 

the School District employed on Indian/Federal Lands. The annual survey of such students 

will hereinafter be done through the assistance of the Ho-Chunk Nation Register of Deeds 

Office. The Black River Falls School District agrees to generate a list of the addresses of 

enrolled students believed to represent students residing on Indian lands and send it to the 

Ho-Chunk Nation Register of Deeds for verification. The list will be generated from the 

third Friday in September student count of each school year starting with the 2008-2009 

school year. The Ho-Chunk Nation will produce and return a completed verification report 

not later than December 15 of each school year beginning with the 2009-2010 school year. 

IV. Ho-Chunk Child and Family Services Department (Social Services) 

A. Social Services Intervention. The Black River Falls School District recognizes the authority 

of the Ho-Chunk Nation Child and Family Services Department under the federal Indian 

Child Welfare Act and the Hocak Children and Family Act, when construed consistently 

with federal and state law, to investigate allegations of child abuse and neglect of HoChunk children when jurisdiction is retained by the Ho-Chunk Nation. The Black River Falls 

School District agrees to cooperate with the Ho-Chunk Social Services agents investigating 

allegations of child abuse and neglect under their jurisdiction by using procedures during 

the school day consistent with those used when cooperating with Jackson County 

authorities who also investigate alleged child abuse and neglect. 

AppendixD 31 
B. Training. To improve awareness and understanding of tribal protocol on the issue of the 

investigation of child abuse and neglect, the Black River Falls School District also agrees to 

offer its staff and teachers training on topics related to Native American children, including, 

but not limited to: 

• Cultural Sensitivity &Tribal Sovereignty 

• Confidentiality Requirements 

• Indian Child Welfare Act and Placement Preferences 

• Ho-Chunk Nation Children and Families Act 

• TrainingAboutthis MOU 

• Communication and Notification 

• Enrollment Rights of Ho-Chunk Children and Parents 

C. Confidentiality. The Parties also agree that the confidentiality and privacy of the student 

and their families shall be protected at all times during investigations of child abuse or 

neglect consistent with Wisconsin, federal, and Ho-Chunk Nation laws. A written protocol 

from the Black River Falls School District for conducting investigations, which will include 

Ho-Chunk Nation Social Services investigators, during the school day at the Black River Falls 

School District, will be jointly developed by the Parties and their attorneys. This protocol will 

be completed by the beginning of the 2009-2010 school year. 

V. Ho-Chunk Nation Department of Education and 

Youth Services Division Intervention 

The Black River Falls School District agrees to work with the Departments and Divisions of the 

Ho-Chunk Nation (such as Education, Youth Services, and Heritage Preservation) to provide 

academic, cultural or other deemed support to increase student success at ALL schools within the 

School District. The Parties agree to meet to jointly develop a written protocol for allowing HoChunk Nation tutors to teach and assist Native American children in the School District 

classrooms. This protocol will be completed during the 2009-2010 school year. 

VI. Improving Attendance and Reducing Tardiness 

Recommendations for Native American Truancy and Absence Task Force: 

The Ho-Chunk Nation, through the Director of Social Services. agrees to form a joint task force 

with the Black River Falls School District to study and propose subsequent recommendations to 

the Black River Falls School District and Ho-Chunk Nation on ways to minimize, if not eliminate, 

truancy and absenteeism for Native American students within district schools. The Parties agree 

to recognize the recommendations of the Task Force and work toward genuine positive change in 

order to overcome the negative impact of truancy and absenteeism. A joint task force will be 

formed before the beginning of the 2009-2010 school year. 

32 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
VII. Native American Cultural Awareness Training 

A Other In-service Training: The Black River Falls School District agrees to meet with the 

Ho-Chunk Nation Departments, divisions, and tribal elders to discuss additional training 

opportunities on presenting Native American Cultural Awareness training to all Black River 

Falls School District personnel. 

B. ACT 31 Training: The Black River Falls School District also agrees to continue to enhance 

and train teachers on the State of Wisconsin mandated ACT 31 provisions. The Ho-Chunk 

Education Department agrees to supplement this point of agreement with historical 

teaching materials and resources when and where necessary. Additionally, Black River Falls 

School District agrees to continue to attend the annual Wisconsin Department of Public 

Instruction ACT 31 conference in Green Bay, Wisconsin, or wherever it might be held. 

C. Disciplinary Alternatives: The Ho-Chunk Nation agrees to jointly explore with the Black 

River Falls School District alternative cultural discipline measures that might include but 

not be limited to Restorative Justice, Peer Mediation, and Native American Cultural 

Awareness training for all students within the District. 

VIII. Alternative Education 

A Employment Opportunities: The Ho-Chunk Nation agrees to work with the Black River 

Falls School District to explore and identify employment opportunities within the HoChunk Nation for Alternative Education Program students as part of their half-day 

instruction and half-day work requirement. The Black River Falls School District agrees to 

continue to explore ways to improve ALL Alternative Education Programs. 

B. The Ho-Chunk Nation agrees to work with the Black River Falls School District to explore 

and identify educational opportunities that provide remediation to regular education 

programming. The Ho-Chunk Nation believes a regular school program (currently at 28 

credits for graduation) will prepare Native American students to strive toward excellence, 

create options for higher education or employment and build self-respect. 

IX. Disproportionality and Special Education 

The Black River Falls School District and the Ho-Chunk Education Department agree to work 

collaboratively to reduce the number of Native American students in special education. This 

includes Black River Falls School District training to the Ho-Chunk Nation's Departments of 

Education and Social Services on the process of referral for special education assessments. This 

includes early achievement and intervention training for grades three through six by the HoChunk Education Department and Social Services Department, Divisions of Child and Family 

Services and Youth Services, that involve tutoring in reading and math, homework assistance and 

parent support. 

X. School Bus Transportation 

A Training: The Black River Falls School District agrees to include bus drivers in the cultural 

sensitivity training. 

AppendixD 

B. Vacancies: The Black River Falls School District agrees to notify the Ho-Chunk Nation of 

vacancies for school bus driver positions as they become available; the selection of which 

will be without regard to race, color or national origin. 

33 
C. Youth-Family Night: The Black River Falls School District agrees to have the School Bus 

Coordinator meet with Ho-Chunk parents on Youth-Family Night meetings to make an 

annual presentation on School Bus Safety. 

D. Youth Services Workers: The Black River Falls School District agrees to allow the Youth 

Services Workers to take scheduled rides on the Mission District and Sand Pillow School 

Bus Routes to observe Ho-Chunk students and Black River Falls School District drivers, 

pending a review of the School District's liability insurance coverage. 

XI. Sharing of Student Information 

A Student Attendance: Black River Falls School District agrees to provide the Youth Services 

Workers appropriate information necessary to track Native student attendance, reduce 

tardiness, and enhance homework completion, test scores and grades when written 

parental consent is provided to the School District by the parent authorizing the disclosure 

of such information consistent with the federal Family Educational Rights and Privacy Act 

(FERPA) and state Pupil Records Law. The Black River Falls School District and the HoChunk Nation, through their attorneys, will investigate and identify a mechanism to 

establish a relationship between the parties for the Ho-Chunk Nation personnel to perform 

professional services for the Black River Falls School District recognized as an official 

function of government. 

B. Native American Student Support Services: The Native American Student Support 

Services will develop communication measures in collaboration with the Youth Services 

Workers to notify parents of poor student attendance and tardiness and to encourage 

parent attendance at meetings and school events. This might include, but not be limited to, 

Black River Falls School District creating and offering parents the opportunity to release 

information to the Ho-Chunk Nation, consistent with the federal Family Educational Rights 

and Privacy Act (FERPA) and state Pupil Records Law. 

XII. Board Elections 

To ensure that there is the opportunity for representation from the Native American community 

and its students, the Black River Falls School District agrees to notify the Ho-Chunk Nation Tribal 

Council or its Education Department when a vacancy on the Black River Falls School Board occurs 

or is about to occur and within 30 days of the scheduled election to replace such vacancies. The 

Black River Falls School Board and District and the Ho-Chunk Nation will agree to conduct fair 

elections. 

XIII. Dispute Resolution 

The parties agree to utilize every means necessary to resolve disputes through mutually 

respectful dialogue to avoid polarization, resentment, and tension. The parties may seek 

assistance from the U.S. Department of Justice Community Relations Service, Wisconsin 

Department of Public Instruction, or any recognized formal dispute resolution service in 

Wisconsin. Each party reserves its right to pursue any and all remedies available under the law in 

the event the other party fails to comply with any legal obligation. 

34 Developing Agreements between LEAs and American Indian Nations and Tribal Communities: A Wisconsin Perspective 
XIV. Voluntary Agreement and Ethics Disclaimer 

This MOU is the result of voluntary mediation between the parties and is not a result of duress, 

coercion, or undue influence. Nothing in this MOU should be taken as an admission of wrongdoing 

by either party and the terms and conditions contained herein are non-contractual and create no 

independent contractual obligation and/or duties upon any of the parties hereto. It being 

distinctly understood and agreed that no party to this MOU shall institute or prosecute any 

judicial or administrative proceedings of any kind or nature to enforce any of the terms and 

conditions. 

XV. Terms of Agreement 

All of the aforementioned tenets of this agreement shall be reviewed after five years from the 

date of signing. Signatory parties of this MOU at that time may choose to amend, extend or 

dissolve the agreement based on evidence of good faith, mutual compliance and benefits to the 

Ho-Chunk Nation and Black River Falls School District resulting from this relationship. 

It is also understood that the parties of this MOU agree to work in earnest and convene 

themselves regularly during the annual terms specified to uphold the tenants of the MOU as 

described herein. 

XVI. Party and Third Party Rights 

Nothing in this MOU is intended to create, nor shall anything in it be construed as creating, any 

rights in any third party entity or person that would not exist independently of this MOU. 

XVII. Consummation and Ratification 

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of this 

14th day of January, 20 I 0, and the signatories hereto personally represent that this agreement is 

executed pursuant to legal authorization by the organizations on behalf of which they are signing: 

School District of Black River Falls: The Ho-Chunk Nation 

By: 

Witnessed By: 

U.S. Department of Justice 

AppendixD 35